Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1887-05-06

nal jurisdiction, both civil and criminal. of all
cases and special proceedings of which eX-
} elusive Jurisdiction is not conferred on some
other court and in civil cases such jurisdiction
shall be exercised without regard to any dis
tlnctlon between Jaw and equity. Contested
! elections and other special cases, where the
right to resort to the courts arises only out of
legislative action, may be referred by the
Legislature to the District court, or other
tribunal, with or without the right of appeal to
the Supreme court, as NAV be prescribed by
law.
Sec "a. The District court shall have appel
late jurisdiction and such control over the In
feriOr courts and tribunals IN he county as may
be prescribed by law.
Sec %. The District courts, and the judges
thereof, shall have power to issue the writof
habeas corpus, and 10 render judgment there
in, either In vacation or term time. They shall
also have power to issue writs of maTdamus,.
mi motion, certiOrari and all writs known to
the law which may be necessary to the eXer-
else of their Jurisdiction, or 10 enforce the
same.
Sec. &c. Any District judge shall have power
to hold a special term of the District court in
any county of mis- district, under such circum-
stances and IN such manner as may be directed
by general or special law.
Sec. p. There shall be clerk of the District
court OF each county, who shall be e ected by
the qualified voters of the county, and who
shall hold his office for two wears, whose duties
and compensation shall be prescribed by law.
Sec. %. There shall be elected by the qualified
voters of each county sheriff, who shall hold
his office for two yeas, whose duties, Derqui-
sites and fees of Office shall be prescribed by
law.
Sec. % The Legislature shall provide for the
election of district and cOuGty attorneys, and
such other officers may be deemed necessary
to the due administration of justice, define their
duties and fix their CONDENSATION. The district
attorneys and county attorneys who shall be In
office at the time this amendment shall take
effect shall hold their Offices until the expira-
ton of their several terms under the present
constitution and laws.
Sec. 80. The judicial districts IN this state and
the time of holding courts therein shall remain
as at present until otherwise provided by Law.
| Sec. 81 The Criminal District court of Gal
! weston and Harris counties shall con iuUe with
the jurisdiction, organization, and DIS riot now
I existing until otherwise provided by law, and
4 the Legis stuTe may establish such other courts,
embracing one or mere counties with such
tscriminal jurisdiction as may be provided by
law. The quail ications, salaries, and tenure
Of Office of the judges of said courts shall be the
same as for judges of the District court.
Sec, 81. Grand and petit juries in the District
court hall be composed of twelve men; but
nine members OF grand jury shall be quo
rum to Transact business and presert bills; and
the Legislature may pass laws absorbing less
than the whole number OF pes jury to render
a verdict in civil and RtaSssa46anor cases
| Sec 80. All vacancies IN The office of justice
of the Supreme court or Court of Appeals, or of
| judges Of the District courts shall be filed by
| the Governor by appointment for the unex-
pired term.
Sec a. The Legislature shall from time
| to time, by general or local law, establish
| county courts and such other Inferior courts
and provide for their officers, with such 1uris-
diation and qualification and powers as may be
| presiding officers Of such courts shall
| be elected. and until such courts are
provided the district and other infe-
riOr courts now in existence, together
| with their officers, shall continue, and shall
! exercise the powers and jurisdiction now con-
ferred on tn I'm and appeals shall lie at pres
| ent, exec IT that civil cases heretofore appeal
able to tie Court of Appeals shall, until other
| wise provided by law, be appealable to the Su-
Preme court, under The rules and regulations
now prescribed for appeals to that court. Pro
vided The Court Of Appeals shall determine all
civil cases pending before it at the time this
amen dment shall be declared part of the
Constitution.
Sec. So. No justice or judge shall sit in any
| case wherein he may be interested in the ques
| ton to be decided, or where either of the par
| ties may be connected with him by affinity or
/ consanguinity within such degree rs may be
/ prescribed by law, or where he shall have been
counse. In the case. When justice of the Su-
preme court, or of the Court of appeals, shall
be disqualified TO hear and determine any case
| or cases In said court, the same shall be cerl-
fed by such court to the Governor of the state,
who shall Immediately commission the requi-
! site number of persons, learned In law, Tor the
| trial and determination of such case or cases.
| When the Judge of a district is disqualified, the
parties may, by consent, appoint proper per
son to try the case, or, upon thelr IalIute 70 90
/ so, competent person may De appointed Oy
| the Governor to try the case, In the county
where it is pending IN such manner as may be
! prescribed by law. The dlstrict Judges may
| exchange districts, or hold courts for each
| other, when they may deem It expedient, and
shall do so when directed by law
GCs
attorneys, and other officers, provision for
whose removal from Office is not otherwise
! specially provided for, may be removed from
obce by the judges of the district courts, for in
competency, official misconduct, habItual
| drunkenness, or drunkenness which does not
amount to haOitual drunkenness, or other
causes defined by law, upon the cause therefor
being set forth in writing, and the finding of Its
| truth by jlry. Vacancies in al offices shall
be filed as M y be prescribed in this COnstitu-
| ton, or, in the absence of constitutional pro
| visions, than in such manner as may be pre-
] scribed by law; and, until otherwise provided,
vacancies in ohice skau be filed In the manner
now prescribed.
! Sec. 81. The Legislature shall not create
! any court inferior to the District court with
jurisdiction of suits IN behalf OF the state TO re-
| suits to recover damages for SANDER or defR-
nation of character; of suits for divorce; or OF
| suits for trial of title to land or for the en-
| Ofcement of liens thereon, except liens &C
/ quired by levy of process issued cat of such
court or of civil cases wherein the amount in
| controversy exceeds one thousand dollars
| TSec. 2. Sec. IS And be 1t further resolved,
| That the Governor be requested 70 submit to
| the vote of the state the foregoing proposed
| amendment to the constitution at an election
| to be ordered on the first Thursday IN August
/ a. d. 1887, in accordance with the provisions Of
article II of the State ConstitCtlOnj and at said
election those desiring to vote for said amend
| ment shall have written or printed upon their
| tickets the words, "For amendment OF article
relating to the judiciary" and those desiring to
vote against said amen dmenT shall have writ
ten or printed upon their tickets the words,
"Against amendment of article 0, relating TO
| the Judiciary"
| Approved April 4, 1857.